60 Yarburgh Way, YORK, YO10 5HG

a large HMO – 7-8 bedrooms in continuous use prior to 2011 up to the present day

Authority: City of York Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Other minor developments
Inspector: Hartley D

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded with particular regard as to whether the evidence demonstrates, on the balance of probability, that on the date of the LDC application, and owing to the passage of time, the property could lawfully be used as a large sui generis House in Multiple Occupation

What decided it

The evidence was sufficiently precise and unambiguous to demonstrate on the balance of probability that the property had been continuously used as a 7-person sui generis HMO for more than ten years from October 2011, rendering it immune from enforcement action and therefore lawful.

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